The case pertains to granting bail in a money laundering case ...

High Court Grants Bail in Money Laundering Case, Citing Extended Detention and Article 21 Rights Under CrPC Sec 436A.

October 16, 2024

Case Laws     Money Laundering     HC

The case pertains to granting bail in a money laundering case involving scheduled offenses under the Prevention of Money Laundering Act (PMLA). The key points are: the applicability of Section 436A of the CrPC, which limits the maximum detention period for an undertrial prisoner, to offenses under PMLA, considering the twin conditions of Section 45 of PMLA. The Supreme Court in Vijay Madanlal Choudhary case held that Section 436A of CrPC will prevail over the rigors of Section 45 of PMLA, allowing relaxation of the twin conditions in case of Article 21 violation. In the present case, the applicant has been incarcerated for around 4 years and 8 months, exceeding half the maximum punishment u/s 4 of PMLA. Considering the long incarceration, the High Court granted bail to the applicant, subject to conditions.

View Source